IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing and directing the Office of the County Counselor to institute condemnation proceedings as to a certain tract of land required for the Liggett Road Improvements, Project No. 2449.
Intro
RESOLUTION # 15829, March 20, 2006
INTRODUCED BY Bob Spence, County Legislator
Body
WHEREAS, the Constitutional Home Rule Charter of Jackson County, article II, sections 21, 23, and 26, authorize the County to acquire private property for public road purposes by the exercise of the power of eminent domain; and,
WHEREAS, the Liggett Road Improvements, Project No. 2449, is such a public road improvement, use, and purpose; and,
WHEREAS, the Department of Public Works has heretofore conducted negotiations for the purchase of a certain tract of land for inclusion in the Liggett Road Improvements, Project No. 2449; and,
WHEREAS, such property was appraised and a value placed thereon which would fairly and reasonably compensate the owners thereof; and,
WHEREAS, after such negotiations with the owners thereof, the Department of Public Works was unable to agree with the owners as to a fair and adequate compensation to be paid; and,
WHEREAS, the owners and general description of the tract are as follows:
Tract Number and Tax Parcel No. Owners
LR-02 Kevin S. Hennrich
42-600-02-15-00-0-00-000 Patricia S. Hennrich
3155 SW Liggett Road
Blue Springs, MO 64015
and,
WHEREAS, pending the acquisition of this land by condemnation, the Director of Public Works or his designee may continue to negotiate for and purchase this property out of funds appropriated or to be appropriated for that purpose; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Legislature finds that the County has endeavored to agree with the owners of the aforesaid described property upon proper compensation to be paid for such property and rights sought to be purchased, but cannot so agree, and that public necessity requires the above- described tract of land be acquired by the exercise of the power of eminent domain as provided by law and the Jackson County Charter, for the public purpose and use of the County, and it is to the public interest that same be so acquired; and,
BE IT FURTHER RESOLVED that the Office of County Counselor is authorized and directed to institute appropriate condemnation proceedings as may be necessary for the acquisition of such land by the exercise of the power of eminent domain and that the County Counselor is also authorized to withdraw from condemnation proceedings any property as is acquired by negotiation and purchase.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
______________________________ ___________________________________
Chief Deputy County Counselor County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 15829 of March 20, 2006, was duly passed on ______March 27________________, 2006 by the Jackson County Legislature.
The votes thereon were as follows:
Yeas ________8_________ Nays ______0______
Abstaining _____0________ Absent _____1_______
______________________ _____________________________________
Date Mary Jo Spino, Clerk of Legislature